NOTICE:Due to COVID-19 this meeting is being held virtually as permitted by law during this emergency. The link to the meeting registration will be made available at 4PM on April 20, 2020 on the Lower Allen Township website and on its Facebook page. This meeting is being recorded. The recording will also be made available on the website.

Max Stoner, Chairman called the meeting of the Lower Allen Township Development Authority to order at 6:00pm and announced Proof of Publication was available for review.

Chairman Stoner stated the following for visitors:

“During the meeting we ask that you mute your microphone and turn off your video unless you are a member of the Development Authority or its staff. If you wish to speak on an item or would like to comment, please either “raise your hand” or use the “chat” feature to ask your host a question. The host will ensure the Authority recognizes you. Once you are recognized the host will unmute you and request you to start your video if you have it available. The host may remove any participant that uses lewd behavior or language or disrupts the meeting.”

APPROVAL OF MINUTES OF FEBRUARY 18, 2020. Mr. EBY made a motion to approve the minutes of the February 18, 2020 meeting. Mr. YOUNG seconded the motion. Motion carried, 5-0.

NOTICE: Chairman Stoner stated the following disclosure:

The Development Authority held two Executive Sessions regarding Real Estate Matters via telephone on the following dates:

March 16, 2020

April 16, 2020

PUBLIC COMMENT

None

Solicitor Miner stated he would like to note for the record that Senate Bill 841 which was passed in the House last week and permits video conferencing for local governments signed by Governor Wolf today so the legislation is now known as Act 15 and we not only are legal based on the Office of Open Records opinion, but we have legislative support as well.

Mrs. Trone explained the following items are to ratify various items that were discussed during executive sessions.

ACTION: RATIFY THE APPROVAL OF THE LETTER OF INTENT WITH SPORTS CLIPS.

Mr. EBY made a motion to ratify the Approval of the Letter of Intent with Sports Clips. Mr. BLACK seconded the motion. Motion carried, 5-0.

ACTION: RATIFY THE APPROVAL OF THE COMMISSION AGREEMENT WITH SPORTS CLIPS.

Mr. EBY made a motion to ratify the approval of the commission agreement with Sports Clips.

Mr. MARONE seconded the motion. Motion carried, 5-0.

ACTION: RATIFY THE APPROVAL OF THE COMMISSION AMENDMENT WITH CAMPBELL COMMERCIAL REAL ESTATE.

Mr. EBY made a motion to ratify the approval of the commission amendment with Campbell Commercial Real Estate. Mr. MARONE seconded the motion. Motion carried, 5-0

ACTION: RATIFY THE APPROVAL AND PAYMENT OF THE KD3 PROPOSAL

Mrs. Trone explained further, KD3 was the company to create a rendering which the Board has already seen. Mr. YOUNG made a motion to ratify the approval and payment of the KD3 Proposal. Mr. MARONE seconded the motion. Mr. Black inquired if the amended concept was included in the $2,500 fee to which Mrs. Trone answered in the affirmative. Mr. Campbell of Campbell Real Estate noted that the potential tenant was very happy with the rendering. Motion carried, 5-0.

Mrs. Trone then showed the Board the renderings.

ACTION: RATIFY THE APPROVAL AND PAYMENT OF THE NATIONAL FENCE COMPANY AGREEMENT

Mrs. Trone explained this is the company that supplied the fencing around the Bon Ton site during the demolition. Once the demolition company is done, we want to take over this contract so there will be security on that site. We have actually arranged to take over that contract. Mr. EBY made a motion to ratify the approval and payment of the National Fence Company agreement. Mr. YOUNG seconded the motion. Motion carried, 5-0.

ACTION: RATIFY THE APPROVAL AND PAYMENT OF EK SERVICES FOR FLOW TESTING

Mrs. Trone explained this was the service that was required to develop the site plan. This is just to ratify this action. Mr. BLACK made a motion to ratify the approval and payment of EK Services for flow testing. Mr. EBY seconded the motion. Mr. Black inquired if there was a final invoice for this; Mrs. Trone will send a copy of the final invoice to the Board. Motion carried, 5-0.

ACTION: APPROVAL OF THE THIRD AMENDMENT TO DECLARATION OF CONDOMINIUM CAPITAL CITY COMMONS CONDOMINIUM.

Mrs. Trone explained this is one of the amendments to help the site plan move forward. We will eventually change this document again so it will look different. We are going to have a set process. This is an interim step to help us go to the Planning commission who is meeting tomorrow evening at 7:00am. You can join 2 hours before the virtual meeting. Mr. MARONE made a motion for the approval of the third amendment to Declaration of Condominium Capital City Commons Condominium. Mr. BLACK seconded the motion. Motion carried, 5-0.

ACTION: APPROVAL OF ENGAGEMENT LETTER OF BROWN SCHULTZ SHERIDAN & FRITZ TO FILE IRS 990 FORM AND DCED FILINGS FOR A TOTAL OF $1,000.

Mrs. Trone explained this firm has done the 990 for this Board the last two years and the DCED filing for one year. In the past years, staff had completed this; however, as we started to obtain property, it was decided that this Board should engage our own accountant. Mr. MARONE made a motion for the approval of engagement letter of Brown Schultz Sheridan & Fritz to file IRS 990 Form and DCED filings for a total of $1,000. Mr. YOUNG seconded the motion. Motion carried, 5-0.

ACTION: APPROVE THE LOWER ALLEN TOWNSHIP SEWER AUTHORITY AGREEMENT

Mrs. Trone explained the Board has been discussing putting a sewer main on this property and this is the agreement to do this. Discussion ensued on the escrow amount included in the agreement. Mr. EBY made a motion to approve the Lower Allen Township Sewer Authority Agreement. Mr. BLACK seconded the motion. Motion carried, 5-0.

ACTION: COMCAST REQUEST FOR RIGHT OF ENTRY

Mrs. Trone explained this has been on the agenda since January where Comcast wants to install a line for Bone Fish Grill and they have giving her the same drawing numerous times even though they have been provided drawings they would just have to mark up. Today she heard from an employee of Comcast who apologized because he thought someone else was taking care of this. Discussion ensued. Mr. YOUNG made a motion to defer this until they respond with the information that Mrs. Trone is looking for. Mr. EBY seconded it. Motion carried, 5-0.

DISCUSSION: RENT DEFERRALS AND MORTGAGE PAYMENT PLANS

Mrs. Trone explained to the Board that she has received a request from one of our tenants and from the purchaser of 1993 Hummel Avenue to defer rent and/or payment plan for the mortgage payment plan. Mr. Marone questioned if this was proper to discuss in an open meeting or should it be in executive session. Solicitor Miner explained you can always defer on the side of transparency but this a proper topic for executive session so if you don’t want to do it in public session, you can either wait for executive session tonight or schedule another executive session. But again the law is always your determination that it is a proper subject; however, you do not have to do in executive session. Discussion ensued. Mr. Campbell explained there is a meeting scheduled this week with the tenants with himself and Erin and will discuss this with them. Mr. EBY made a motion to grant the mortgagee a 3-month deferral of principal payments for 1993 Hummel Avenue (paying interest only). Mr. MARONE seconded it. Motion carried, 5-0.

Mrs. Trone explained our plans for the Hotel and the sub-division plans would be third on the agenda. This Board has been invited to take part in this meeting via the Zoom application. Mr. Ritchie explained they had responded to two rounds of comments given to them by the Township engineers and zoning officers; if we are lucky enough to get a recommendation, it will move on for approval to the Board of Commissioners next meeting which is April 27, 2020.

NEXT MEETING OF THE DEVELOPMENT AUTHORITY

The next meeting of the Development Authority is scheduled for Monday, May 18, 2020 at 6:00pm.

OTHER:

Mrs. Trone informed the Board we received a donation from United Way for $26.50